Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-80-038Introduced by: IJ/�2J �� TEMP. NO. 1s1,!5 1 2 3 4 5 6 7 8 91, 10 11 12 13 14 15 16 17 8 19 20 21 22 23 24 25 26 27 28 29 0 32 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION R ?O - 3 e A RESOLUTION ACCEPTING AN EASEMENT # '6� - % FOR UNDERGROUND DRAINAGE AND UTILITY FACILITIES FOR WOODMONT NORTH GOLF COURSE. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Grant of Easement - E- 9 , for underground drainage and utility facilities on WOODMONT NORTH GOLF COURSE offered by Tract 76 Corporation and City National Bank of Miami, as Trustee #5003183, copy of which is attached hereto as Exhibit "A", is hereby approved. PASSED, ADOPTED AND APPROVED this day of ,1980. ATTEST: )net4' �- CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. CITY ATTORNEY -38 E A S E M E N T THIS INDENTURE made this day off. �y.�-- 1980, between CITY NATIONAL BANK OF MIAMI, a Un e� d States banking corporation, as Trustee, under the provisions of that certain Trust Agreement dated the 14th day of September, 1978, and known as Trust No. 5003183, joined by TRACT 76 CORP., a Florida corporation, parties of the first part and CITY OF TAMARAC, a municipality, party of the second part. W I T N E S S E T H: WHEREAS, the parties of the first part are the legal titleholderr of property situated in Broward County, Florida, and described as follows: FOR LEGAL DESCRIPTION SEE ATTACHED EXHIBIT "A", AND DESIGNATED -AS "WOODMONT NORTH GOLF COURSE, UTILITY EASEMENT #E 9, TO BE DEEDED"; and WHEREAS, the party of the second part desires an easement for underground drainage and other underground utility purposes over, across and under said property; and WHEREAS, the parties of the first part are willing to grant such easement. NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the parties of the first part do hereby grant unto the part of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild underground` drainage and other utility facilities, within the real property as set forth below and does hereby grant a perpetual easement across said property for said purposes. The real property to which this Easement applies is set forth on Exhibit "A" attached hereto and designated as "Woodmont North Golf Course Utility Easement #E-9 to be Deeded". AND the party of the second part agrees that on its part it shall restore and replace those portions of the golf course (whether within or without the confines of the ease- ment as described above) which may be disturbed by the construction, maintenance or replacement of said underground drainage or other utility facilities, to the same condition said golf course was in prior to construction, maintenance or replacement of the underground drainage or other utility facilities, all of the same to be at the party of the second part's sole cost, expense and responsibility. ` Except as herein granted, the parties of the first part, their successors and assigns, shall continue to have the'full use and enjoyment of the property. The party of the second part shall bear full responsibility for the use and enjoyment of the property and shall hold the parties of the first part harmless from any claim of damages to persons or premises resulting from the use, occupancy and possession thereof by the party of the second part. Said easement is given for the purposes of'ingress and egress and construction, maintenance, repair and replacement as agreed and it is understood that it is not to be construed as an easement given to the exclusion of the parties of the first part, their successors or assigns or to others later granted a similar right. THIS easement is being executed on behalf of CITY NATIONAL BANK OF MIAMI, a United States banking corporation, as Trustee, under the provisions of that certain Trust Agree- ment dated the 14th day of September, 1978, and known as Trust No. 5003183, solely in its capacity as Trustee and not in its independent corporate capacity or against any bene- ficiary of the Trust for which said CITY NATIONAL BANK OF MIAMI is Trustee, under that certain Trust Agreement dated the loth day of September, 1978, and known as Trust No. 5003183. IN WITNESS WHEREOF, the parties of the first part hereunto have c used these presents to be executed this 2- day of ra4 1980. In presence of: CITY NATIONAL BANK OF MIAMI, a United States banking corpo- ration, as Trustee under the provisions of that certain Trust Agreement dated the 14th L g of September, 1978, and PO J as Tr t Number 5003183 1q, 0 1 963By for Vice President /"u) sEA F� 0 R 1 D Corporate Trust�� Officer TRACT �6 corpo - ti By STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) ., a Florida I, THE UNDERSIGNED, an officer duly authorized to take and certify acknowledgments of instruments in said State and County, hereby certify that before me came 'CL1FF0RD L. H0R?4 as Senior Vice President, and _ Davm iRIi7 , as Corporate Trust Officer, of CITY NATIONAL BANK OIAMI, a United States Banking corporation, and duly authorized to accept and execute documents within the State of Florida, as Trustee under the provisions of a certain Trust Agreement dated the 14th day of September, 1978, known as Trust Number 5003183; that the said persons so appearing before me are the individuals and the officers aforementioned of said corporation described in and who executed the foregoing Easement; and that then and there said individuals as aforesaid officers acknowledged before me that the seal affixed to said Easement is the corporate seal of said corporation; that their names officially are by them respectively subscribed thereto; that said Easement was signed, sealed and delivered by said corporation in the presence of -two subscribing witnesses, pursuant to law, and that the same is the free act and deed of said corporation. WITNESS my hand -and seal at Miami, Dade County, Florida, this Z day off , 1980. `,`1►n►nrrlq,>>� �; '*N W. T�,C•,,.. _y' )64, re NOT�RY P BL C, State of iF ©% A R Y My Commission Expires: c% At Large to of Florida at U . o 11L1983. J' • ' Y 1 •' �u6fic, $ta qua •. �N�Q-,♦.�`., mlS5► 1C0 ii',', � �••••••' Nt`J tom t LOttiU STATE OF FLORIDA ) SS: COUNTY OF BRO:I ARD ) I, THE UNDERSIGNED, an officer duly authorized to take and certify acknowledgments of instruments in said State and County, hereby certify that before me came�zJf�t. as 6(/4r, P, of TRACT 75 CORP., a Florida corporation; that the said person so appearing before me is the individual and the officer aforementioned of said corpo- ration described in and who executed the foregoing Eaesment; and that then and there said individual as aforesaid officer acknowledged before me that the seal affixed to said Easement is the corporate seal of said corporation; that his name officially is by him subscribed thereto; that said Easement was signed, sealed and delivered by said corporation in the presence of two subscribing witnesses, pursuant to law, and that the same is the free act and deed of said corporation. WITNESS my hand and official seal in the County and State last aforesaid, this _Q19711-day of LjA&.:f , 1980. TARY PUBLIC, State of rida My Commission Expires: At Large NOTARY PUBLIC STATE OF FLORIDA AT LARCH MY COMMISSION EXPIRES NOV. 9 1981 BONDED THRU GENERAL INS. UNDFRWRITERS -3- Rf So t70C�I>;-"7NTN03�.'_t'H CO[ C;C�I�I' iiZSE U`!'I1,[`!'Y FASi;: TO BF, DEEDED A POR'ilON OF FORT DE f,f; i''.;(..' c .,It:i.� > ji3D1 V; _; [0N OF SF.C`I'ION 4, 481 :,OUT , Il`,N(;E 41 t:A5T, ACCORDT1gG TO THE PLAT Till- AS i:F:CORI*:D CN Pf,AT B00, 4, i'J�Gf� 31, OI' THE PUBLIC RECORDS OF BRO''iAJZD COUNTY, E•'f,C, }kTDA; TOGETHER WITH PORTLON'S OF TRACT OF I,AND Sh:C. 4 GOI',F CUUP.SE PLAT, ACCORDING TO THE PLAT ` ;IE' ?t-1'0I' A`; RECOPDED IN PLAT BOOF: 88, PAGE 20, OF THE PLjR1_,IC OF HPOWARD COUNTY, FLORIDA, ALL BEING Df:S :RIFiE;D AS I-OM,OWS : C0141IF NCING_ A`I' THE M )S'I' NOI:'I'ffi;I F,i' tl'�l) idi:S'I'ERI,Y CORNER OF SAID TRACT D, THENCE SOUTH 610 30' 00" i-:A:;T, 275.48 FEET; THENCE SOUTH 890 33' 35" EAST, 23.47 FEET TO THE POINT OF BEGINNING; THENCE NORTH 700 00' 00" FAST; 126.88 FEET; THENCE NORTH 87° 00' 00" EAST, 790.00 FEET THENCE SOUTH 32° 00' 00" EAST; 22.87 FEET; THENCE SOUTH 870 00' 00" WEST, 798.10 FEET; THENCE SOUTH 700 00'. 00" WEST 427.01 I'K :`i'; THENCE SOUTHWESTERLY ALONG THE ARC OF A TANGENT CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 410.00 FEET; A DI:[,TA OF 19* 49' 17" AN ARC DISTANCE OF 141.84 FEET; THENCE NORTH 28' 30' 00" FAST, 22.98 FEET,TO A POINT ON THE: ARC OF A NON -TANGENT CURVE (RADTAL LINE THRU SAID POINT BEARS NOR'17H 010 47' 58" ,IE•:ST) THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 390.00 FEET, A DELTA OF 18° 1.2' 02" , AN ARC DISTANCE OF 123.89 FEET, THENCE TANGENT TO SAID CURVE NORTH 70 ° 00, 00" EAST, 303.12 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. KEITH AND SCHNARS, P.A. BY: THOMAS F. SCHNARS PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NO, 2325 DATED: OCTOBER 1, 1979 Exhibit "A" to that certain Easement executed by CITY NATIONAL 13ANK OF=MIAMI, as Trustee, and TRACT 76 CORP., a Florida .,: corporation, .dated -,TAOu 1980. UTILITY EASEMENT -4E-9 TO BE DEEDED COMPOSITE SKETCH OF LANDS IN WOODMON T DEVELOPMENT SECTION 4, TOWNSHIP 49 SOUTH, RANGE 41 EAST PREPARED BY KEITH AND SCHNARS,P.A. 1115 N.E 4TH AVE,NUU ' FCR" LAUDERD�.L E.FLO;DA